(a)

Purpose and intent.

(1)

The purposes of these regulations are to:

a.

Encourage and promote a consistent and appropriate signage element for the benefit of the citizens as well as the business community;

b.

Encourage aesthetically pleasing signage design, materials, and placement;

c.

Encourage the erection of signs which are attractive and compatible with the adjacent property;

d.

Ensure that signage design, construction, and placement will preserve and enhance property values within the community, and

e.

Regulate signage in a manner that will provide for the general health, welfare, and public safety of Mancos.

(2)

This Section shall comply with all state and federal regulations concerning the establishment of outdoor advertising, including Section 43-1-401, et seq., C.R.S.

(b)

Interests. The Town has a legitimate, important, substantial, or compelling interest in:

(1)

Preventing the proliferation of signs of generally increasing size, dimensions, and visual intrusiveness (also known as "sign clutter") that tends to result from property owners competing for the attention of passing motorists and pedestrians, because sign clutter:

a.

Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians;

b.

May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards;

c.

Degrades the aesthetic quality of the Town, making the Town a less attractive place for residents, business owners, visitors, and private investment; and

d.

Dilutes or obscures messages on individual signs due to the increasing competition for attention.

(2)

Maintaining and enhancing the character of Downtown Mancos as a resource of exceptional quality and vibrancy to the community as a whole.

(3)

Maintaining a high-quality aesthetic environment to protect and enhance property values, leverage public investments in streets, sidewalks, trails, plazas, parks, open space, civic buildings, and landscaping, and enhance community pride.

(4)

Protecting minors from speech that is harmful to them according to state or federal law, by preventing such speech in places that are accessible to and used by minors.

(c)

Findings. The Town finds that:

(1)

Content-neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to ensuring an appropriate balance between the important, substantial, and compelling interests set out in this Article and the constitutionally-protected right to free expression.

(2)

The regulations set out in this Article are unrelated to the suppression of constitutionally protected free expression, do not relate to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers.

(3)

The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this Article is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are set out in this Article.

(4)

Regulation of the location, number, materials, height, sign area, form, and duration of display of temporary signs is essential to preventing sign clutter.

(5)

Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the public on Town's streets or sidewalks if they are not removed.

(6)

Certain classifications of speech are not constitutionally protected due to the harm that they cause to individuals or the community.

(d)

Savings and severability.

(1)

Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. Any sign that can be displayed under the provisions of this Article may contain a noncommercial message.

(2)

If any clause, section, or other part of the application of these sign regulations shall be held by a court of competent jurisdiction to be unconstitutional or invalid, it is the intent of the Town that such clause, section, or specific regulation be considered eliminated and not affecting the validity of the remaining clauses, sections, or specific regulations that shall remain in full force and effect.

(e)

Conflicts with other provisions. Nothing in this Article shall be deemed a waiver of the provisions of any other ordinance or regulation applicable to signs. Signs located in areas governed by several ordinances or applicable regulations shall comply with all such ordinances and regulations. If there is a conflict between this Article and any other ordinance or regulation, the more stringent shall apply.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Applicability.

(1)

The regulations of this Article govern the display, placement, location, installation, erection, construction, use, maintenance, and removal of all signs and support structures within the Town.

(2)

No sign shall be located, erected, modified, or maintained except in compliance with the regulations contained in this Article.

(b)

Permit required.

(1)

It shall be unlawful to erect, construct, reconstruct, alter, paint, or repaint, change the use, or convert a sign, including conversion from temporary to permanent or from non-EMC to EMC without first obtaining a sign permit pursuant to Section 16-19-2, Sign Permits, unless otherwise provided in this Article.

(2)

A sign permit shall not be required to maintain a sign exactly as it was permitted.

(c)

Exempt signs. The following signs, items, and activities do not require a sign permit, but must comply with the requirements identified in this LUC.

(1)

Internal and integral signs.

a.

Signs not intended for view or readily legible from the public right-of-way or adjacent residential, public, or civic institutional districts or uses.

b.

Integral signs that are carved into stone, concrete, or similar material or made of metal or other permanent-type construction and made an integral part of the structure. Integral signs shall not exceed four (4) square feet in area.

c.

Signs that do not exceed two (2) square feet per face or four (4) square feet in total surface area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps/EV charging units, or utility cabinets.

d.

Signs or banners on fences and structures within an arena, Town park, recreational complex, or scoreboards for athletic fields, provided such signs or banners face inward to the arena, Town park, recreational complex, or athletic field.

(2)

Flags and insignia.

a.

Non-commercial flags, crests, or banners that are sixty (60) square feet or less and are affixed to a permanent flagpole or building.

b.

Flags for the purposes of commercial promotion count toward the allowable sign square footage.

(3)

Public signs.

a.

Official public signs approved by a governmental or quasi-governmental body, Town department, or special district (collectively "governmental organizations") for structures used by the governmental organization and signs related to issues that the governmental organization has jurisdiction over, such as traffic safety, pedestrian safety, construction safety, schools, legal and public notices, railroad crossings, health, hazards, parking, swimming, or dumping.

b.

Signs and notices required to be maintained by law or governmental order, rule, or regulation, provided that the content and size of the sign does not exceed the requirements of such law, order, rule, or regulation.

(4)

Seasonal displays. Seasonal decorations located on private property.

(d)

Prohibited signs. The following signs are prohibited in all zoning districts regardless of whether they are permanent, temporary, or exempt:

(1)

Signs employing mercury vapor, low-pressure and high-pressure sodium and metal halide lighting, or otherwise not complying with the illumination requirements of Article 12, Outdoor Lighting;

(2)

Internally lit signs;

(3)

Off-premise signs;

(4)

Flutter fly and similar types of signs that contain or consist of ribbon streamers, strings of light bulbs, spinners, or other similar moving devices;

(5)

Sign walkers;

(6)

Electronic message centers (EMCs);

(7)

Real time video projected on outdoor display screens, outdoor video projection screens and outdoor LED screens, or outdoor display screens of any type are prohibited for use as signs, including in windows;

(8)

Signs emitting sound;

(9)

Any sign or sign structure that is structurally unsafe, constitutes a hazard to safety or health because of inadequate maintenance or dilapidation, is not kept in good repair, or is capable of causing electrical shocks to persons likely to come in contact with it;

(10)

Abandoned signs; and

(11)

Banners used as permanent signs.

(e)

Prohibited sign locations. Signs and sign structures are prohibited in the following locations:

(1)

In the right-of-way or on other public property without approval of the Town. For the purposes of this Article, when the right-of-way is not clearly identified, signs shall be placed at least five (5) feet from any edge of street or curb, or beyond any visible utility or sidewalk.

(2)

Placed on private property without the consent of the owner.

(3)

Located in or overhanging a utility easement.

(4)

On roofs, dormers, and balconies.

(5)

Located in such a way as to deny an adjoining property owner visual access to an existing sign.

(6)

Attached to a tree, whether on public or private property.

(7)

Attached to utility poles or other utility or public infrastructure structures or equipment, or wireless communication facilities.

(f)

Content. No sign shall be approved or disapproved based on the content or message it displays, except that the following content, without reference to the viewpoint of the speaker, shall not be displayed on signs:

(1)

Text or graphics that is harmful to minors as defined by state or federal law;

(2)

Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law;

(3)

Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs;

(4)

Signs that provide false information related to public safety (e.g., signs that use the words "stop" or "caution" or comparable words, phrases, symbols, or characters) that are presented in a manner as to confuse or imply a safety hazard that doesn't exist; or

(5)

Text or graphics that provide false or misleading information in violation of the code.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Applicability. This Section applies to all sign types and classifications, including permanent and temporary signs.

(b)

Sign area.

(1)

Maximum sign area. The permitted maximum area for all individual signs is determined by the sign type and the zoning district in which the sign is located.

(2)

Building frontage.

a.

Building frontage is the wall, including all windows, doors, and other openings, of the primary building that faces the street abutting the property. If the primary building is located on a corner lot, the frontage shall be the wall of the primary building that faces the street with the highest average daily traffic count.

b.

Accessory structures shall not be included in the calculation of maximum signage. Wall signs may be affixed to accessory structures; where this is done the amount of signage used on the accessory structure shall be deducted from the total amount of wall signage permitted on the property.

(3)

Method of measuring sign area.

a.

The area of a two-dimensional sign is measured by encompassing the advertising display surface area within any combination of geometric figures (e.g., rectangles, squares, triangles, parallelograms, circles or ellipses), having no more than eight (8) sides, that would enclose all parts of the sign.

1.

Sign copy mounted, affixed, or painted on a background panel or area distinctively painted, textured, or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest geometric figure that will enclose both the sign copy and the background.

2.

Sign copy mounted as individual letters or graphics against a wall, fascia, or parapet of a building, or surface of another structure, that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as a sum of the smallest geometric figure that will enclose each word and each graphic in the total sign. Window signs printed on a transparent film and affixed to a window pane shall be considered measured as freestanding letters or logos, provided that the portion of the transparent film around the perimeter of the sign message maintains the transparent character of the window and does not contain any items in the sign message.

b.

The sign area of three-dimensional free-form or sculptural (non-planar) signs is calculated as fifty percent (50%) of the sum of the area of the four (4) vertical sides of the smallest cube that will encompass the sign.

c.

If elements of a sign are movable or flexible, such as a flag or banner, or if the sign includes any permitted copy extensions, the measurement is taken when the elements or extensions are fully extended and parallel to the plane of view.

d.

Only structural components shall be excluded in computing the total allowable area.

e.

Only one (1) side of any on premise or temporary double-faced sign shall be considered in the total sign area allowed for any building, use or parcel. If an angle of thirty (30) degrees for a "V" sign is exceeded, the area of both sign faces shall be included in the measurement of total sign area.

(c)

Height and Clearance. The permitted maximum height for all signs is determined by the sign type and the zoning district in which the sign is located. Sign height and clearance is measured as follows:

(1)

Freestanding sign height. The height of a freestanding sign shall be computed as the distance from the base of the sign at existing finished grade to the top of the highest attached component of the sign.

a.

When the existing finished grade at the point of measurement is lower than the average elevation of the adjacent street finished grade parallel to the location where the sign will be installed, that portion of the sign below the street shall not be included in determining the sign's overall height.

b.

The height of any monument sign base or other structure erected to support or adorn the sign is measured as part of the sign height.

c.

If a sign is located on a mound, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the mound, berm, or other raised area shall be included in the height of the sign.

(2)

Attached sign height.

a.

The height of an attached sign shall be measured at the front sidewalk elevation directly below the sign, or, where a sidewalk is not present, from the typical sidewalk elevation.

b.

Attached signs shall not extend above the base of the second floor windowsill, parapet, eave, or building facade.

(3)

Sign clearance.

a.

Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade directly underneath the sign at the lowest point of the sign structure, including any framework or other structural elements.

b.

No portion of any sign shall be:

1.

In the line of sight needed for pedestrians or vehicle operators,

2.

Lower than eight (8) feet from the average ground level, and

3.

Supporting members of such signs shall not obscure views of pedestrians or vehicle operators.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Freestanding signs.

(1)

Access point signs.

a.

Access point signage may be located at public access points where a driveway or other public entryway intersects with a public street. Access point signage is for vehicular access, not pedestrian access.

b.

Access point signage may be double-sided.

c.

Access point signs that are visible from the public right-of-way shall meet the following criteria:

1.

No more than two (2) access point signs per property; and

2.

Signs shall be permanently anchored or fastened.

(2)

Highway access signs.

a.

Each off-highway business in an CMU district may have one (1) sign at a single appropriate highway intersection.

b.

Each sign shall measure eighteen (18) inches by fifty-four (54) inches and may be double-sided.

c.

Signs shall be attached to and stacked between two (2) poles for this purpose at each intersection. The first business at each intersection shall be responsible for establishing the poles, and there must be space provided for at least three (3) additional directional signs on each set of poles.

d.

Access point signs that are visible from the public right-of-way shall be permanently anchored or fastened.

e.

Access point signs are for vehicular access, not pedestrian access.

f.

Permits for directional signs shall not be issued where such standards are served by a sign installation provided by the State or the Town.

g.

No sign shall be allowed that prevents the driver of a vehicle from maintaining a clear and unobstructed view of official signs and approaching or merging traffic.

h.

Highway access signs shall not count against the maximum allowable signage for a property.

(3)

Monument signs.

a.

Monument signs shall have zero clearance above the existing finish grade level and shall be supported in, or on the ground in accordance with the current adopted version of the Town building code.

b.

Multitenant signs: Where more than one (1) on-site business occupies a single building, each on-site business will be entitled to a separate signboard or part of a signboard that shall be affixed horizontally onto a single mount. The dimensional standards of the entire sign shall not exceed that allowed by Table 16-13.5.

(4)

Pole (or pylon) signs.

a.

Only one (1) sign board may be affixed to a pole sign structure. There may not be multiple signboards on a single structure unless there are multiple on-site tenants occupying a single building.

b.

Multitenant signs: Where more than one (1) on-site business occupies a single building, each on-site business will be entitled to a separate signboard or part of a signboard that shall be affixed horizontally onto a single pole structure. The dimensional standards of the entire sign shall not exceed that allowed by Table 16-13.5.

c.

No sign shall be placed in any public sidewalk or the area of any future sidewalk as identified in the Town's CIP, or project over or be placed in any portion of any Mancos or CDOT street, road, or right-of-way.

d.

Each pole sign may have two (2) faces. The two (2) faces shall be the same size and join back-to-back without any overlap.

e.

The following clearance area shall be maintained under any pole sign:

1.

A clear, unobstructed area, a minimum of eight (8) feet in height above existing finish grade level when a pole sign is located over a pedestrian walkway or within a clear sight triangle.

2.

A clear, unobstructed area, a minimum of thirteen (13) feet in height above existing finish grade level when a pole sign is located over a vehicle access or parking area.

(5)

Structural canopy. Signs may be attached to a continuous plane fascia on a structural canopy provided the sign does not extend above or below the projection of the fascia.

(6)

Subdivision signs.

a.

One, double-sided subdivision sign shall be allowed per entrance.

b.

No subdivision sign shall be located in the intersection clear sight triangle.

c.

This sign area shall not be attributed to a specific lot nor counted against the maximum allowable signage for a specific lot in the subdivision.

(b)

Attached signs.

(1)

Awning and canopy signs.

a.

The bottom of an awning or canopy sign shall be no less than eight (8) feet above the existing finish grade level at any point.

b.

Awning signs shall not project closer than two (2) feet to a curb line unless the awning is retractable and Town has issued an encroachment permit.

c.

All signage on an awning or canopy sign shall be on the vertical plane of the awning or canopy. Where an awning or canopy does not have a clear vertical plane, the signage shall be centered on the lower third of the awning or canopy.

(2)

Marquee signs.

a.

The bottom of a marquee sign shall be no less than eight (8) feet above the existing finish grade level at any point.

b.

Marquee signs shall not project closer than two (2) feet to a curb line unless the Town has issued an encroachment permit.

c.

All signage on the marquee shall be affixed flat to the vertical face of the marquee. No part of the changeable copy shall project above or below the vertical face of a marquee sign.

(3)

Projecting and suspended signs.

a.

The distance from the ground to the lower edge of the signboard shall be no less than eight (8) feet or greater than ten (10) feet.

b.

The height of the top edge of the sign shall not exceed the height of the sill or bottom of any second-story window, if attached to a multi-story building.

c.

The distance from the building wall to the sign shall not exceed six (6) inches for a projecting wall or extend beyond the pedestrian area for suspended signs.

d.

Signs may not project over the street.

e.

Signs must be properly secured to ensure maximum safety.

f.

Copy is permitted only on the vertical portions of a three-dimensional projecting or suspended sign, not on the top or bottom planes of the sign that are generally horizontal to the ground or sky.

(4)

Wall signs.

a.

Wall-mounted or painted sign shall be placed on the front wall of a structure. Corner buildings are permitted one (1) sign fronting each street for a total of two (2) signs.

b.

Wall-mounted signs shall not project out from the building more than six (6) inches.

c.

Wall signs shall not project above the building wall.

d.

Applied letters may be substituted for wall-mounted signs.

e.

When a sign requires access channels or service passageways within the sign, or when the sign is three-dimensional in character, the Planning Commission may approve structurally reasonable increases in the distance from the wall of the wall sign.

f.

Copy is permitted only on the vertical portions of a three-dimensional wall sign, not on the top or bottom planes of the sign that are generally horizontal to the ground or sky.

g.

Multitenant signs only: Applied letters may be substituted for a wall-mounted sign if constructed of painted wood, painted cast metal, bronze, brass or black anodized aluminum or other similar non-plastic materials, provided that the size of applied letters shall not exceed the square footage allotted to each tenant.

(5)

Window signs.

a.

The height of the lettering, numbers or graphics shall not exceed eight (8) inches per line.

b.

Window signs shall be considered as a part of the total wall signage allowed, but shall not exceed twenty-five percent (25%) of the window area as measured by each individual window.

(c)

Illumination. Illumination of all signs shall only be allowed if in accordance with the standards in this Section and Article 12, Outdoor Lighting.

(1)

The light from any illuminated sign shall be so shaded, shielded, or directed that the light intensity or brightness will not trespass onto neighboring properties.

(2)

Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to passing motorists.

(3)

Sign illumination shall be static. No sign shall have blinking, flashing, or fluttering lights, or other illuminating devices that have changing light intensity, brightness, or color. Strobe and search lights are not permitted.

(4)

Illumination of signs in mixed-use and non-residential districts is permitted only on the front of the building or both front sides of a corner lot if both face a public street.

(d)

Design standards. All signs must use materials and design that suggest the western rural heritage of the community, such as, but not limited to, wood, metal, paint, brick, stucco, and adobe.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

The tables in this Section contain the schedule of allowable signage by zoning district. Additional provisions contained in this Section or in the individual district regulations may modify the standards shown in the following schedule.

(1)

Agricultural districts. Signs are permitted in agricultural districts as follows:

a.

Maximum of one (1) thirty-two (32) square foot sign per frontage on a public right-of-way. The square footage of two (2) frontages may be partially or completely combined onto one (1) frontage.

b.

Signs may be freestanding or attached to a wall or fence. The maximum height of any freestanding sign is twelve (12) feet.

(2)

Residential districts.

a.

Table 16-13.1 identifies the types of signs permitted in residential districts. If a sign type is not included in Table 16-13.1 it is not permitted in the residential districts.

b.

The maximum total signage permitted per property in the residential districts is one-quarter square foot of signage per one (1) lineal foot of building frontage not to exceed thirty-two (32) square feet or the maximum size of an individual sign as identified in Table 16-13.1, whichever is smaller.

(3)

Sign measurement instructions are provided in Section 16-13-3 Measurement and Calculation.

Notes:

[1] May have either a wall sign or a monument sign, not both.

[2] May not exceed height of wall.

(3)

Mixed-use, commercial, and industrial districts.

a.

Table 16-13.2 identifies the types of permanent, attached signs and Table 16-13.3 identifies the types of permanent, freestanding signs permitted in mixed-use, commercial, and industrial districts. If a sign type is not included in Table 16-13.2 or 16-13.3, it is not permitted in the mixed-use, commercial, or industrial districts.

b.

The maximum total signage permitted per property in the mixed-use, commercial, and industrial districts is one (1) square foot of signage per one (1) lineal foot of building frontage. The maximum size of individual signs is identified in Tables 16-13.2 and 16-13.3.

c.

Measurement instructions are provided in Section 16-13-3, Measurement and Calculation.

Notes:

[1] May not extend outside of the canopy or arcade under which the sign is suspended.

Notes:

[1] Either monument or pole, not both.

(4)

Corridor mixed-use districts.

a.

Table 16-13.4 identifies the types of permanent, attached signs and Table 16-13.5 identifies the types of permanent, freestanding signs permitted in corridor mixed-use districts. If a sign type is not included in Table 16-13.4 or 16-13.5, it is not permitted in the mixed-use, commercial, or industrial districts.

b.

The maximum total signage permitted per property in the highway commercial district is one square feet of signage per one lineal foot of building frontage. The maximum size of individual signs is identified in Tables 16-13.4 and 16-13.5.

c.

Measurement instructions are provided in Section 16-13-3 Measurement and Calculation.

Notes:

[1] May not extend outside of the canopy or arcade under which the sign is suspended.

d.

Spacing. The minimum required sign spacing between all freestanding signs, including off-premise signs, is one hundred fifty (150) lineal feet as measured along lot frontage. Additional spacing for off-premise signs may be required by CDOT where appropriate.

Notes:

[1] Either monument or pole, not both.

(5)

Planned unit development district.

a.

Applicable standards.

1.

A planned unit development (PUD) district shall be entitled to the same total signage area as the equivalent district and use categories within this Article. For example, those areas designated for commercial development shall be governed by the mixed-use, commercial, and industrial district sign standards.

2.

An applicant for PUD district approval may submit a signage plan to the planning commission for review and recommendation to alter the sign regulations which would otherwise be applicable to the Planned Unit Development district. The application for PUD signage plan review shall be submitted as part of a complete development project and may not be submitted for the sole purpose of obtaining changes, variances, or waivers to the provisions of this Article. The board of trustees will make a determination about proposed alterations to the sign regulations as part of the PUD approval process.

3.

The following categories of sign regulation are not subject to alteration through PUD approval:

i.

Maximum total signage permitted,

ii.

Maximum sign height,

iii.

Maximum sign area,

iv.

Freestanding sign separation requirements, or

v.

Use of an electronic message center.

b.

Signage Plan. All signage plans shall be submitted with the PUD application and shall include, at a minimum, the following:

1.

A drawing of all proposed signs, drawn to scale, with dimensions and sizes of structural supports, and engineering specifications as required.

2.

Detailed information on each sign proposed, including height, type, and other necessary information related to conformance to existing sign regulations.

3.

A site plan of the planned development district, drawn to scale, including locations of all signs already present in the planned development district and properties immediately adjacent. This shall include correct measurements to property lines and to adjacent signs.

4.

A written explanation of the reasons for the request.

5.

An analysis showing evidence of no net increase in total signage area and compliance with the other categories of sign regulation that are not subject to alteration through PD approval.

6.

Other information, as requested, necessary to provide a complete and thorough report.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Permitted temporary signage. Temporary signs displayed for thirty (30) days or less in a calendar year do not require a sign permit.

(b)

Sign types. The following sign types are permitted for use as temporary signs:

(1)

A-frame sign. A sign consisting of two (2) sign faces placed together at an angle of ninety (90) degrees or less to form an "A" shaped structure that tapers from a wide base to a narrow top.

(2)

Banner sign. A sign constructed of plastic or fabric of any kind that is attached to supports, a frame, or a flat surface.

(3)

Yard sign. A sign placed upon or supported by the ground, independently of any other structure, but not including an A-frame sign.

(c)

Temporary signage permitted by lot, district, and use.

(1)

The following temporary signage is permitted by lot, district, and use.

(2)

Exceptions and additions to Table 16-13.6.

a.

A-frame signs may be placed on the public sidewalk in the Downtown District directly in front of the business, but shall be placed so they do not interfere with or impede the flow of pedestrian movement.

b.

Active real estate listing or active building permit signs. One (1) additional temporary sign is permitted on a property that is subject to: (a) an active real estate sale or rental listing; or (b) active building permit. The sign may remain posted on the site for the duration of the listing period or while the building permit is valid and active. The dimensional standards of Table 16-13.6 shall apply by district. No permit shall be required.

c.

In the residential and mixed-use districts, any resident may erect up to thirty-two (32) square feet of yard signage on their property used to express any noncommercial message for any duration of time. Noncommercial speech signage is permitted in addition to the signs regulated by this Section. Noncommercial signs are subject to the same locational standards and prohibitions as all signs in this Article.

(d)

Temporary signage permitted by special event or temporary use.

(1)

General. Temporary signs may be allowed as part of a special event or temporary use permit pursuant to this Subsection.

a.

Maximum sign calculation. Temporary signs permitted through a special event or temporary use permit may be located off-premises with the permission of the property owner, and may be allowed on a parcel in addition to the maximum amount of temporary signage permitted on that parcel.

b.

Temporary sign types. Temporary signs permitted as part of a special event or temporary use permit are restricted to the types, sizes, and heights identified in Table 16-13.7 unless otherwise specified in this Subsection.

(2)

Election event. For a period of sixty (60) days prior to a state, local, or national election, the total number of temporary signs permitted per property may be increased over the maximum amount of temporary signage permitted by this Article. The number of increased signs is calculated by the number of federal, state, and local issues and elected positions on the ballot within the voting district where the property is located. The content of this additional signage is not subject to regulation by the Town, but the number shall not exceed the number of ballot issues and offices on the ballot. The additional signage shall be removed no more than two (2) days following the election.

(3)

Civic, cultural, and public service organization may post temporary window posters inside commercial establishments provided the posters do not individually or collectively occupy more than twenty-five percent (25%) of the total area of a window or five (5) square feet, whichever is less. Temporary window signs are not counted against total permanent signage permitted.

(e)

Temporary substitute signage for damaged permanent signs. In the event that a permanent sign is substantially damaged through fire, natural disaster, or similar emergency, or in the case of major construction projects, where existing permanent signage is removed for construction purposes, a temporary sign may be allowed for display for a period of time not exceeding sixty (60) days. Temporary signage is limited to the maximum size of permanent signage permitted on the site.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Installation. The design and construction specifications and standards of this Article apply generally to all signs within the Town except as otherwise specifically provided in this Article for specific sign types or signs in specific areas. In the event of conflict between or among provisions of this Article, the specific provision shall prevail over the general or, if the provisions cannot be distinguished as specific or general, then the more restrictive provision shall prevail.

(b)

Permanent materials and fastening. Except as otherwise specifically permitted in this Article, all signs authorized by this Article shall be constructed of durable materials and shall be permanently attached to either a building, or structure wall, or other surface to which it is mounted, or to the ground by direct attachment to a pole, rigid wall, frame, or structure. Signs shall comply with all specific anchoring requirements of this Article.

(c)

Design and approval by professional engineer.

(1)

All freestanding or projecting signs shall be designed by a state-registered professional engineer to withstand ninety (90) mph wind load for three (3) seconds, and the engineer's signature and seal shall be affixed to the documents submitted to the Town.

(2)

In addition to the requirements contained elsewhere in this Article, any sign may be required to be designed by a state-registered professional engineer, when the Town Administrator determines that the size, structural components, or location of the sign are such that potentially could endanger the safety of the general public. The engineer's signature and seal shall be affixed to the submitted documents.

(d)

Anchoring. No sign shall be suspended by nonrigid attachments that will allow the sign to swing in a wind. All freestanding signs shall have self-supporting structures erected on, and permanently attached to concrete foundations.

(e)

Initial and periodic inspections.

(1)

Any person installing, structurally altering, or relocating a sign for which a permit has been issued shall notify the Town Administrator upon completion of the work. The Town Administrator shall conduct an inspection within seven (7) working days of the date of notice of completion to ensure that the sign is in compliance with this Article.

(2)

If, at the time of application for a sign permit, any existing sign permits held by the applicant or sign contractor, are over ninety (90) days old and have not received final inspection approval, the Town Administrator may deny issuance of the requested permit, until such time that the existing sign has been inspected and approved.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Nonconforming signs.

(1)

General signs: Any sign that existed prior to May 26, 1999, is permitted to remain in place as a nonconforming sign until the sign, or a substantial part sixty percent (60%) or more) of it, is destroyed, dismantled, or intended for replacement for any purpose other than maintenance operations or copy change.

(2)

Historic signs: Any sign that predates 1970 shall not be considered a nonconforming sign and will consequently be able to be restored to its original state prior to being blown down or otherwise damaged, or the sign may be continually maintained such that it can stay in its original condition.

(3)

No such nonconforming sign or sign structure may be altered in any way that increases its nonconformity.

(4)

Any proposed change to a nonconforming sign, excluding general repairs, maintenance and advertising copy, shall generally require the sign to be brought into conformance with this Article except that alterations may be made to a nonconforming, permanent on-premise sign as follows:

a.

Where the nonconformity is expressed as a measurement,

1.

The alteration must reduce the nonconformity by at least fifty percent (50%). For example, a nonconforming sign that is ten (10) feet over the maximum height for the district may be altered if the height of the sign is also lowered by at least five (5) feet; or

2.

Where the sign can be made conforming with a change of up to ten percent (10%) or ten (10) feet, the sign shall be brought into compliance. For example, a nonconforming sign that is eight (8) feet away from compliance with a required setback shall be relocated and brought into compliance unless there are other conditions on the site, unrelated to the sign and not caused by the applicant, that prohibit compliance.

b.

Where the nonconformity is not expressed as a measurement, such as a sign type that is no longer permitted in a zone district, alterations may be made as long as the sign structure is kept at the same dimensions and in same the location as the sign was when it became nonconforming. The sign and structure shall be fully maintained and functional, free from all defects, and not exhibiting any signs of deferred maintenance, deterioration, or abandonment. The Town may require proof of maintenance for any internal components, such as electricity, or structural parts that are subject to degradation from wind, weather, or other external causes of stress to the sign.

(5)

Signs with multiple nonconformities may be altered provided that at least one (1) nonconformity meets the requirements of this Section, and that none of the remaining nonconformities are increased or expanded.

(6)

Any sign temporarily removed by a public utility company, the Town, or any governmental agency to accommodate repair, maintenance, or expansion operations may be replaced, provided that there is no change in size, height, or location of the sign. If any sign is moved as a direct result of a governmental or utility project, it may be relocated to a position determined by the Town engineer to be appropriate in relation to the project, and such a sign shall not be considered nonconforming for the reason of separation. No permit shall be required for such replacement.

(b)

Loss of nonconforming status. A nonconforming sign shall lose such designation if any of the following apply:

(1)

The owner or user of a nonconforming sign shall immediately terminate the right to maintain such a sign when the business vacates the location where the sign is being used for a period of more than ninety (90) days.

(2)

Any violation of this Article shall immediately terminate the right to maintain a nonconforming sign.

(3)

The sign is removed, relocated, or replaced for any reason except towards compliance with this Article.

(4)

A sign, or a substantial part of it, shall be considered to have been destroyed or dismantled if the cost of repairing the sign is more than sixty percent (60%) of the cost of erecting a new sign of the same type at the same location.

(5)

The sign is abandoned pursuant to this Article.

(c)

Maintenance and repair.

(1)

A nonconforming sign is subject to all requirements of this Article regarding safety, maintenance, and repair.

(2)

When a sign permit has been obtained, temporary removal of any portion of a sign for repairs or general maintenance shall not be considered to be in violation of this Section, provided that no alterations are made to the sign or sign structure. Should such sign or sign structure be moved for any reason and over any distance whatsoever, it shall thereafter conform to all regulations for the district in which it is located after it has been moved or relocated.

(3)

Maintenance shall not include the conversion of a nonconforming sign to an electronic message center sign. Any such conversions may only be made to a conforming sign, and shall be subject to the permitting and fee requirements set forth in this Article.

(d)

Records.

(1)

The Town Administrator shall maintain a list of all nonconforming signs, including the exact location of each, which list shall be updated as necessary.

(2)

In addition to initial and construction inspections, signs may be inspected periodically by the Town Administrator to ensure continued compliance with this Article.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Required maintenance.

(1)

All signs and components thereof shall be maintained in good repair, and in a safe, neat, clean, and attractive condition, and shall be refurbished often enough to be clearly legible.

(2)

Maintenance shall not include the conversion of an existing sign to an electronic message center sign. Any such conversions shall be subject to the permitting and fee requirements set forth in this Article.

(3)

In maintaining signs under this Article, the following specific standards shall apply. Repairs, where required, shall be equal to or better than the original sign in quality of materials and design:

a.

Sign finishes and structures shall be maintained in good condition and shall not have:

1.

Any surface area covered with disfigured, cracked, ripped, faded or peeling paint, poster paper, or other material.

2.

Rusted, disfigured, peeling, faded, bent, broken, dilapidated, or deteriorated sign facings, or supports, or loose appendages or struts.

b.

All signs shall have sign facings installed, whether blank or with advertising content.

c.

Signs that are designed to be upright and level shall be installed and maintained in an upright and level position. Signs that are not upright and level shall be removed or restored to an upright and level position.

d.

Signs shall not have weeds, trees, vines, or other vegetation growing on, or in it, or obscuring the view of the sign from the right-of-way from which it is to be viewed.

e.

No internally illuminated sign shall be allowed to operate with less than full illumination.

f.

Flags shall not be faded, tattered, or torn.

(b)

Enforcement. The owner of a sign(s) that fails to comply with applicable maintenance requirements shall be notified that they have thirty (30) days to complete necessary maintenance or the sign will be subject to repair or removal at owner or lessee's cost.

(c)

Abandoned signs.

(1)

Abandoned signs.

a.

A sign or sign structure where either: (1) the sign is no longer used by the property or sign owner, in which case discontinuance of sign use may be shown by expiration or revocation of a business license for the business located on the property or cessation of use of the property where the sign is located for the use or purpose associated with the sign; or (2) the sign has been damaged, and repairs and restoration have not been started within forty-five (45) days of the date the sign was damaged, or, once started, are not diligently pursued to completion.

b.

A nonconforming sign that meets the requirements of this Section may be considered abandoned and will be subject to either sign face change or removal as may be appropriate based on the criteria in Paragraphs (2) and (3) below.

(2)

Sign face change.

a.

Where an on-premise sign becomes abandoned due to cessation of use of the associated building, the sign face(s) of all signs associated with the structure shall be removed and shall be replaced with a blank face.

b.

If the owner or lessee fails to remove the sign face(s) and replace it with a blank face, the Town Administrator may give written notice to remove it and shall take such actions to remove and replace the sign as authorized in this Article.

(3)

Sign removal.

a.

When an on-premises sign becomes an abandoned sign due to demolition or destruction of the structure in which the business was located, the sign structure shall be removed at the same time as the demolition of the structure, or within forty-five (45) days of a determination of abandonment by the Town Administrator.

b.

Where a successor to a business agrees in writing, prior to the demolition of the structure or as part of a determination of abandonment, to bring any sign into compliance with this Article and to maintain the sign as provided in this Article, the removal requirement shall not apply. The sign structure shall be brought into compliance prior to the issuance of a certificate of occupancy for use of any part of the associated structure or business.

(Ord. No. 751, § 1, 11-13-2019)